| Matter of H. (Anonymous), Carmen |
| Motion No: 2011-05317 |
| Slip Opinion No: 2011 NY Slip Op 87975(U) |
| Decided on October 26, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M127883
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
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2011-05317 In the Matter of Carmen H. (Anonymous). Thomas Hemmings, appellant; Grace Hemmings, respondent-respondent; Anthony J. Lamberti, etc., guardian ad litem respondent; Mental Hygiene Legal Services, et al., nonparty-respondents. (Index No. 100026/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate an order on application of this Court dated September 14, 2011, which granted the respondent-respondent's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 28, 2011. Separate motion by the appellant for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to recall and vacate the order on application dated September 14, 2011, is denied; and it is further,
ORDERED that the motion for a preference is granted and the appeal will be calendared after all of the briefs have been filed.
SKELOS, J.P., BALKIN, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court